Citation Nr: 0813268
Decision Date: 04/22/08 Archive Date: 05/01/08
DOCKET NO. 03-22 721 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia
THE ISSUE
Entitlement to service connection for post traumatic stress
disorder (PTSD).
INTRODUCTION
The veteran had active service from October 1955 to February
1976.
This matter comes before the Board of Veterans' Appeals
(Board) from a March 2002 rating decision of the Department
of Veterans Affairs (VA) Regional Office (RO).
In February 2007; the claim was remanded for evidentiary and
procedural development. The appeal has subsequently been
returned to the Board for further appellate review.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The Board remanded this claim in February 2007, requesting
additional development regarding the veteran's claimed
stressors. In this regard, the veteran claims that he was
exposed to dead and gravely wounded soldiers while serving as
a medical laboratory specialist with the Walter Reed Army
Institute of Research (WRAIR) team while in Vietnam. In
March 2007 and May 2007, letters were sent to WRAIR
requesting additional information regarding whether a medical
technician assigned to WRAIR in Vietnam would have assisted
in bringing trauma patients to the hospital, collected blood
and tissue samples, or attended autopsies. In July 2007, a
typewritten response was received from an individual
identified as an "HR Assistant" on a sheet of paper with no
letterhead. In pertinent part, it read:
...a negative response is submitted due to lack of
supporting information found in our records to
support his status here at the Walter Reed Army
Institute of Research, for the aforementioned time
period in the original correspondence.
Apparently, the person responding could find no record of the
veteran's service, yet as previously noted, service records
confirm the veteran had active Vietnam service from February
27, 1969 to February 17, 1970; that his military occupational
specialty was as a medical laboratory specialist and he was
assigned to WRAIR while in Vietnam. Thus, the AMC should
again contact WRAIR, or other appropriate entity such as the
US Army and Joint Services Records Research Center to
determine whether WRAIR operations in Vietnam included
providing emergency medical treatment and performing
autopsies, and whether general duties of a medical laboratory
specialist (MOS 92B40) included transporting injured soldiers
from helicopters to the emergency room and providing
assistance during autopsies.
Accordingly, the case is REMANDED for the following action:
1. The RO should contact WRAIR (address
in file) and/or other appropriate entity
including the US Army and Joint Services
Records Research Center to ascertain the
functions of the USA Med Rech Tm WRAIR
SFA in Vietnam between February 1969 and
February 1970, in general and whether a
medical laboratory specialist (MOS 92B40)
assigned to that unit at that time would
have assisted in bringing trauma patients
into the hospital, collected blood and
tissue specimens from trauma patients, or
been present during autopsies performed
by that unit or others.
2. If a claimed stressor is supported,
with any necessary assistance from the
veteran, obtain the records of the
veteran's treatment for PTSD from the
Atlanta Vet Center, as well as records
of such treatment from any place else
he identifies. Then, schedule the
veteran for a VA PTSD examination to
determine whether the veteran currently
meets the DSM-IV criteria for a
diagnosis of PTSD, and if so, whether
it is at least as likely as not that
the diagnosed PTSD is related to the
confirmed stressor(s). The claims
folder should be made available to the
examiner for review and the examiner
should acknowledge such review in the
examination report.
3. After undertaking any additional
development deemed appropriate in
addition to that requested above, the
RO should re-adjudicate the issue on
appeal. If the benefits remains
denied, the claimant should be provided
a supplemental statement of the case
and given the opportunity to respond.
The appellant has the right to submit additional evidence and
argument on the matter the Board has remanded. Kutscherousky
v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007).
_________________________________________________
MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).